Final Order 1

Order Details: Other
Pdf Text: 1 C.R. No.03
Daily Status
IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102491/2019
Mrs. Noorjahan Babul Shaikh Vs Mr. Prashant Kisan Kaspale
Date : 22-04-2024
Business : Adv. Bhushan for Plaintiff present. Adv. Bhambid for
defendant present. Heard both sides. Order below Notice of
Motion No. 2491 of 2019. Perused the NM, affidavit in
support, affidavit in reply. Heard both parties. It is seen that
on 03.05.2019, the plaintiff in person was present and her
adv was absent. The matter was kept back on her request for
filing evidence but her Adv. did not appear and evidence was
not filed on record. Due to which the evidence of plaintiff
was closed. The roznama indicates that on next date
immediately the plaintiff has filed present NM to set aside
order filed on 05.03.2019. The defendant opposed the NM
on the ground that the plaintiff has not filed any
documentary evidence to show that her Adv. was held up in
another Court, therefore there is no sufficient cause for
setting aside the afore said order. Admittedly due to the
absence of adv the evidence of plaintiff was not filed. Due to
the inability of advocate to remain present before the Court,
the party should not suffer. The present suit is for the
partition and rights of both the parties are required to be
adjudicated once and for all. Thus, in view of this one
opportunity needs to be given to the plaintiff. Hence I
proceed to pass following order ORDER 1. The Notice of
Motion No. 2491 of 2019 is hereby allowed. 2. The order
dtd. 03.05.2019 is set aside. 3. The plaintiff is permitted to
adduce evidence. 4. Costs in cause. 5. The Notice of Motion
No. 2491 of 2019 is disposed of accordingly. Order below
Notice of Motion No. 2493 of 2019. Perused the NM,
affidavit in support, affidavit in reply. Heard both parties.
The plaintiff is praying to lead secondary evidence in respect
of the documents mentioned in Exh.A. It is further
submitted that she has issued notice to the defendant for
production of the original document which are in his
possession. The Ld. Adv for the defendant resisted the NM
and he has submitted that the defendant has not in
possession of the original documents. Considering the
submission made before me and nature of the suit, and the
most important aspect that the original document not in the
possession of either party, under that circumstances, it is
necessary to permit the plaintiff to lead secondary evidence
as those documents are required for the adjudication rights
of the parties in this suit. IN view of the same, I proceed to
pass following order ORDER 1. The Notice of Motion No.
2493 of 2019 is hereby allowed. 2. The plaintiff is permitted
to lead secondary evidence in respect of the documents
mentioned in Exh. A. 3. Costs in cause. 4. The Notice of
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2 C.R. No.03
Motion No. 2493 of 2019 is disposed of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 22-04-2024
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